Can we file death declaration suit without non-traceable

Ranveer Singh (Querist) 26 April 2018 This query is : Resolved
A person is missing from last 22 years.FIR lodged by his family after one year but they didnt obtain non-traceable certificate as they didnt aware but now they require death delclaration by the civil court and they went to the police station for obtaing non-traceable certificate but police station dont have any records.

do they have any other way or they can file civil suit without non-traceable certificate?

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rajeev sharma (Expert) 27 April 2018
you might be having the copy of the FIR with you. The police would have filed final closer report in the case and would have filed with the concerned court. Just file an RTI with the office of SP/SSP and obtain he copy of records.of final report. then obtain coy of acceptance order passed by the concerned court. These are sufficient to file case in he court for declaring the person presumed dead.

Ranveer Singh (Querist) 27 April 2018
thank you for the infomation rajeev ji...i'm going to filing the RTI

Dr J C Vashista (Expert) 27 April 2018
Very well advised by expert Mr. Rajeev Sharma, I agree.

Kumar Doab (Expert) 27 April 2018
IT is job of police to file the report...
You can very well approach civil court even if police has defaulted on IT's job...on the strength of FIR..